Interpretation with Interconnection Agreement. (A) The Parties recognize that Seller will enter into a separate Interconnection Agreement with the Interconnection Provider. Notwithstanding any other provision in this PPA, nothing in the Interconnection Agreement, nor any alleged event of default thereunder, shall alter or modify Seller’s or Buyers’ rights, duties and obligations under this PPA, and nothing in this Agreement, nor any alleged event of default hereunder, shall alter or modify the rights, duties and obligations of Seller or the Interconnection Provider under the Interconnection Agreement. (B) Except and only to the extent expressly stated otherwise herein, Seller expressly recognizes that, for purposes hereof, the Interconnection Provider shall be deemed to be a separate entity and separate contracting party from Buyers whether or not the Interconnection Agreement is entered into with a Buyer or an Affiliate of Buyer, in its capacity as the Interconnection Provider. Seller acknowledges that Xxxxxx, acting in their capacity as the purchasers hereunder, have no responsibility for or control over Interconnection Provider, and are not liable under this Agreement for any breach of any obligation or duty of the Interconnection Provider under the Interconnection Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Interpretation with Interconnection Agreement.
(A) The Parties recognize that Seller will enter into a separate Interconnection Agreement with the Interconnection Provider. Notwithstanding any other provision in this PPA, nothing in the Interconnection Agreement, nor any alleged event of default thereunder, shall alter or modify Seller’s or Buyers’ rights, duties and obligations under this PPA, and nothing in this Agreement, nor any alleged event of default hereunder, shall alter or modify the rights, duties and obligations of Seller or the Interconnection Provider under the Interconnection Agreement.
(B) Except and only to the extent expressly stated otherwise herein, Seller expressly recognizes that, for purposes hereof, the Interconnection Provider and shall be deemed to be a separate entity and separate contracting party from Buyers whether or not the Interconnection Agreement is entered into with a Buyer or an Affiliate of Buyer, in its capacity as the Interconnection Provider. Seller acknowledges that XxxxxxBuyers, acting in their capacity as the purchasers hereunder, have no responsibility for or control over Interconnection Provider, and are not liable under this Agreement for any breach of any obligation or duty of the Interconnection Provider under the Interconnection Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Interpretation with Interconnection Agreement. (A) The Parties recognize that Seller will enter has entered into a separate Interconnection Agreement with the Interconnection Provider. Notwithstanding any other provision in this PPA, nothing in the Interconnection Agreement, nor any alleged event of default thereunder, shall alter or modify Seller’s or Buyers’ Buyer’s rights, duties and obligations under this PPA, and nothing in this Agreement, nor any alleged event of default hereunder, shall alter or modify the rights, duties and obligations of Seller or the Interconnection Provider under the Interconnection Agreement.
(B) Except and only to the extent expressly stated otherwise herein, Seller expressly recognizes that, for purposes hereof, the Interconnection Provider shall be deemed to be a separate entity and separate contracting party from Buyers Buyer whether or not the Interconnection Agreement is entered into with a Buyer or an Affiliate of Buyer, in its capacity as the Interconnection Provider. Seller acknowledges that XxxxxxBuyer, acting in their its capacity as the purchasers purchaser hereunder, have has no responsibility for or control over Interconnection Provider, and are is not liable under this Agreement for any breach of any obligation or duty of the Interconnection Provider under the Interconnection Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Interpretation with Interconnection Agreement. (A) The Parties recognize that Seller will enter into a separate Interconnection Agreement with the Interconnection Provider. Notwithstanding any other provision in this PPA, nothing in the Interconnection Agreement, nor any alleged event of default thereunder, shall alter or modify Seller’s or Buyers’ rights, duties and obligations under this PPA, and nothing in this Agreement, nor any alleged event of default hereunder, shall alter or modify the rights, duties and obligations of Seller or the Interconnection Provider under the Interconnection Agreement.
(B) Except and only to the extent expressly stated otherwise herein, Seller expressly recognizes that, for purposes hereof, the Interconnection Provider shall be deemed to be a separate entity and separate contracting party from Buyers whether or not the Interconnection Agreement is entered into with a Buyer or an Affiliate of Buyer, in its capacity as the Interconnection Provider. Seller acknowledges that XxxxxxBuyers, acting in their capacity as the purchasers hereunder, have no responsibility for or control over Interconnection Provider, and are not liable under this Agreement for any breach of any obligation or duty of the Interconnection Provider under the Interconnection Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement